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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 155 Documents
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Search results for , issue "Vol 10, No 2 (2023): Juli - Desember 2023" : 155 Documents clear
PENGGUNAAN DALIL PEMBELAAN TERPAKSA (NOODWEER) BERDASARKAN PASAL 49 AYAT (1) KITAB UNDANG – UNDANG HUKUM PIDANA (KUHP) TERHADAP TINDAK PIDANA PENGANIAYAAN Selly Salsabila; Mukhlis R; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Self-defense is a form of human defense in situations that threaten the safety of one'ssoul, decency and property. It is undeniable that this self-defense can also provide losses forperpetrators of criminal acts. Arrangements regarding self-defense are regulated in Article 49 ofthe Criminal Code. In that article it is said that a person who commits an act of defense for life,honor or property both for himself and for others cannot be punished. The purpose of this study,namely: First, criminal responsibility for perpetrators of criminal acts of persecution for self-defense according to Article 49 paragraph 1 of the Criminal Code when viewed from a justiceperspective, Second; the basis for the judge's consideration in the use of the forced defenseargument against the crime of persecution.This type of research can be classified as a type of normative research that examinesthe level of legal synchronization, because in this study the authors conduct research on legalsynchronization to what extent the existing written positive law is in accordance with itsapplication.In the results of research problems there are two things that can be concluded. First,actions committed by someone in the form of self-defense in a state of threat cannot be heldcriminally responsible. Second, there are differences in the judge's decision in passing hisdecision on the perpetrators of the crime of persecution for self-defence, where in the ManadoHigher Decision Number: 10/Pid/2013/PN.Mdo which does not apply Article 49 paragraph 1 ofthe Criminal Code. The author's suggestion, First: that in forming laws - laws provide moreexplanation of the formulation of articles in a more clear and straightforward manner so thatthere is no dualization of meaning by law enforcers and society. So that the meaning in Article49 paragraph 1 of the Criminal Code in particular can be conveyed and applied in cases of self-defense. Second, in making decisions, judges must uphold the principle of legal certainty, but theconcept of justice must be upheld in accordance with one of the objectives of the law itself. Inaddition, judges can also use other assistive sciences to become the rationale for knowing thesubjective elements of the offender.Keywords: Persecution – Forced Defense – Criminal Liability.
PENGATURAN PEMENUHAN HAK PILIH AKTIF PENYANDANG TUNA NETRA DALAM PENYELENGGARAN PEMILIHAN UMUM YANG BERLANDASKAN ASAS KERAHASIAAN Farhans Darenra; Emilda Firdaus; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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A person with visual impairment is any person who has limited vision dueto one thing or another who in interacting with the environment experiencesobstacles and difficulties to participate fully and effectiveli in the socialenvironment of the community. In the general election process in Indonesia,people with visual impairments have difficulty in giving their voting rights due touneven access to raised letters at polling stations designated for blind people, inpractice in the field blind people who are part of persons with disabilities cannotvote independently because more than the 20.000 polling stations at the time ofthe 2019 general election did not provide embossed access for Template BrailleThis research is a normative legal research, it is based on literatureresearch which referst to the contens of reading books or supporting books thathave a corelation with the background of the problem to be studied. This studyuses secondary date sources consisting of primary, secondary, and tertiary legalmaterials. This study uses qualitative date analysis by producing a deductivemethod of drawing conclusions, namely drawing conclusions from that aregeneral to things that are specific.From the result of the discussion, it can be concluded that law number 7 of2017 concerning general elections does not clearly regulate the state’s obligstionto guarantee the fulfillmen of access for blind people in voting at polling stationsduring the general election. The practice that then occured actually gave accessfor other people to participate in helping blind person choose the candidate theywhoulf choose which indirectly that person would know who the candidate chosenby the blind person was, this clearly violates the principle of confidentiality ingenera.
KEPATUHAN PARA PIHAK DALAM MENYELESAIKAN SENGKETA MELALUI ARBITRASE SESUAI DENGAN ISI PERJANJIAN (STUDI PERDATA PERJANJIAN JEMBATAN SELAT RENGIT DI KABUPATEN KEPULAUAN MERANTI) Firmansyah Firmansyah; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In a construction cooperation there are two parties who are mutually boundby the agreement. The agreement made by both parties is used as the basis andlegal umbrella in construction work. It contains rights and obligations,implementation procedures and settlement efforts if there is a dispute between thetwo parties. The parties to an agreement are usually based on a specific purposeor purpose. The agreement has the goal of creating better conditions for bothparties. However, an agreement can also be violated to the detriment of the otherparty or the term is default. Therefore, this study aims, First, to explain thereasons related to the occurrence of defaults, especially regarding efforts toresolve them. Second, to determine the level of compliance of the partiesregarding efforts to settle defaults in accordance with the contents of theagreement.This type of research can be classified in the type of normative research.This research was conducted to determine the level of compliance of the parties,especially related to the contents of the agreement. This agreement forms thebasis for implementing the Rengit Strait Bridge Construction project in MerantiIslands Regency, Riau Province.From the results of the research problem there are two main things thatcan be concluded. First, the plaintiff's reasons, in this case the Meranti IslandsDistrict Government, filed a civil lawsuit for default to the District Court.Whereas in the contract clause it is explained regarding efforts to resolve disputesthrough arbitration. Second, the compliance of the parties in resolving disputesthat are not in accordance with the contents of the agreement that has been madebefore. The author's suggestions, first, to make efforts to resolve if a disputeoccurs such as default should be made based on the contents of the agreement.Second, to comply with each of the contents of the agreement must be based onthe self of each party, considering that the agreement is law for both parties,especially when it comes to efforts to resolve disputes arising from the agreement.
IMPLEMENTASI PERATURAN MENTERI PERDAGANGAN NOMOR 48/M-DAG/PER/7/2015 PASAL 2 AYAT (2)TERKAIT IMPOR BARANG BEKAS DI TEMBILAHAN Muhammad Iqbal; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The attitude and behavior of people who prefer to buy imported used clothes because theyare tempted by foreign brands. Used clothing from abroad which includes goods prohibited fromimporting as regulated in the Regulation of the Minister of Trade Number 48/M-DAG/PER/7/2015.The entry of used clothes illegally imported into the domestic market has had a very bad impact onthe national economy as a whole. This is because the circulation of used clothes that are smuggledat a lower price will close the market for goods produced by domestic industries, which will resultin reduced stimulation or efforts to increase domestic production.This type of research can be classified in the type of sociological legal research (empirical),because in this study the author directly conducts research on the location or place under study inorder to provide a complete and clear picture of the problem being studied. This research wasconducted in the Tembilahan City Region, Indragiri Hilir Regency, Riau Province. The populationand samples are the Head of the Department of Trade and Industry of Indragiri Hilir Regency,Head of Trade Division of the Department of Trade and Industry of Indragiri Hilir Regency, Headof the Inspectorate General of Customs and Excise TMP C Tembilahan, Head of the Section forEnforcement and Investigation of Customs and Excise, Tembilahan Head of Health ResourcesDivision. Indragiri Hilir District Health, Secondhand Clothing Traders and the community. Sourcesof data used are primary data, and secondary data. Data collection techniques in this study wereinterviews, and literature review.The conclusions that can be obtained from the results of the research are First, theimplementation of Ministerial Regulation Number 48/M-Dag/Per/7/2015 Article 2 paragraph (2)related to the import of used goods in Tembilahan. This is what causes the used clothing business inTembilahan to still happen a lot. The sellers of used clothing there all know that what they areselling is actually not allowed to be traded and also the public's interest and dependence onimported used clothing does not make used clothing traders decrease, it just gets worse. increase.Second, the obstacles to implementing Ministerial Regulation Number 48/M-Dag/Per/7/2015Article 2 related to the import of used goods consist of Economic Factors, Inconsistency ofRegulations, and Limited resources, facilities and infrastructure. And Third, the government'sefforts in implementing the regulation of the minister of trade number 48/M-DAG/PER/7/2015article 2 paragraph 2 in Tembilahan is that it is necessary to develop a performance strategy forsocializing public understanding, supervision and also law enforcement so as to be able toovercome the implementation of Ministerial Regulation Number 48 /M-Dag/Per/7/2015 Article 2paragraph (2) regarding the import of used goods in TembilahanKeywords: Implementation, Regulation, Used Goods.
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP STANDAR MUTU ALAT UKUR TIMBANGAN PEDAGANG DI PASAR BAWAH BUKITTINGGI Diva Aurellia; Rika Lestari; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research is motivated by the existence of problems regarding consumer lossesbecause the scale measuring instrument at Pasar Bawah City of Bukittinggi is not standard.The non-standard measuring instruments for Traders' scales are caused by Traders who donot standardize regularly. Traders also do not provide compensation to consumers becausetraders think that the measuring instruments they have are up to standard. This contradictsArticle 7 letter d with Article 7 letter f of the Consumer Protection Act. Traders are requiredto carry out standardization in order to achieve uniformity of results until quality standardsare met on measuring scales.The method used in this study is a sociological research type, the nature of thisresearch is inductive and the research was conducted at Pasar Bawah Bukittinggi. Thesamples taken in this study were forty-two people. Data collection techniques are byquestionnaires, interviews and literature study. Data analysis uses the concept ofstandardization and law enforcement theory which aims to be an analytical knife in thisstudy, so data analysis is carried out qualitatively, namely data based on sentencedescriptions. Described and concluded with the inductive thinking method by understandingsomething through specific observations and drawing broad conclusions based on theseobservations.The results of this study indicate that the effect of the low legal awareness of tradersand consumers as well as the lack of metrological human resources has caused up to now inPasar Bawah City of Bukittinggi there are still cases of consumer losses due to non-standardmeasuring instruments. Therefore, it is necessary to have the maximal role and efforts of theMetrological UPTD against the deficiencies that occur in the Pasar Bawah City ofBukittinggi by playing an active role in counseling, outreach, monitoring, and taking actionon non-standard measuring instruments. The fulfillment of quality standards for weighingmeasuring instruments has an impact on increasing consumer confidence in these tradersand reducing cases of losses experienced by consumers.Keywords : Consumer Protection, Standardisation, Quality Standards, LawEnforcemen
ANALISIS YURIDIS KEDUDUKAN SURAT SERUAN GUBERNUR DALAM HUKUM POSITIF DI INDONESIA Michael Graceson Loyver Sitompul; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Regional Government has the jurisdiction to legally form a regional legal product,which aims to serve as the legal basis for all activities in administering government and as aform of guaranteeing legal certainty in regulating social, national and state life.This research is normative research. This is based on library research which takesquotations from reading books, or supporting books that are related to the problem to beresearched. This research uses secondary data sources consisting of primary, secondary andtertiary book materials. This research also uses qualitative data analysis and producesdescriptive data.From the results of the research and discussions carried out, several conclusions wereobtained, namely: First, the position of the Governor's Call Letter in Positive Law inIndonesia can be said to be one of the legal products in the form of policy regulations(beleidsregel), but when referring to the provisions contained in Regulation of the Governorof DKI Jakarta No. 99 of 2021 concerning the Administration of Official Documents, in factthe position of the Governor's Call Letter is an official directive text, but with the formationof the Governor's Call Letter it is more appropriate to say that it is a policy regulation(beleidsregel). Second, the content and binding force of the Governor's Appeal Letter isbasically an appeal to the public which is persuasive in nature, however there are severalGovernor's Appeal Letters whose content and binding force do not comply with theprovisions in DKI Jakarta Governor Regulation No. 99 of 2021 concerning Procedure forOfficial Documents. Third, the arrangement of content material in the Governor's AppealLetter must be reformulated, so that in the future there is legal certainty in the ContentMaterial contained in the Governor's Appeal Letter.Keywords: Surat Seruan Gubernur - Position - Positive Law
URGENSI PELAKSANAAN SUMPAH JABATAN PEGAWAI NEGERI SIPIL DALAM PASAL 1 PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 21 TAHUN 1975 DALAM PERSPEKTIF NEGARA HUKUM DI INDONESIA Arief Fuady; Evi Deliana; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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ASN actually has a position as an element of the state apparatus, which implements policiesset by the heads of government agencies that are free from the influence and intervention of allpolitical groups and parties. ASN also has a function as a tool for public policy, public servant andunifier of the nation. ASN plays the role of planner, executor and overseer of the implementation ofgeneral government and national development tasks through the implementation of policies and publicservices that are professional, free from political intervention, and clean from corruption, collusionand nepotism practices. Therefore, in order to maintain and strengthen the integrity of civil servants,it is necessary to have an oath of office for civil servants in carrying out their duties and roles. On thebasis of this, it is the author's special interest to conduct further research on the urgency of the oathand its benefits.This research is a normative legal research. This is based on library research which takesquotations from reading books, or supporting books that are related to the problem to be studied.Primary, secondary and tertiary data sources are characteristic of this study. This study also usesqualitative data analysis and produces descriptive data.From the results of the research conducted, there are several conclusions obtained, namely:First, the normative oath of office has no problems in it, the implementation of these norms should becarried out properly by civil servants through work attitudes. With this oath, civil servants arerequired to be more trustworthy in carrying out their positions. Second, there is a juridical implicationfor civil servants when the oath of office is violated. Theoretically normative, civil servants can bedishonorably dismissed if they are proven to have violated the oath, because the oath order hasbecome a norm that has permanent and binding legal force for all civil servants. Therefore, lawenforcement against civil servants who violate their oath of office must be upheld with all theconsequences in an objective and fair manner.Keywords : Oath Of Office-Government Employess
PENGAWASAN DINAS PERINDUSTRIAN DAN PERDAGANGAN KOTA PEKANBARU DALAM PEREDARAN DAN PENJUALAN MINUMAN BERALKOHOL BERDASARKAN PERATURAN MENTERI PERDAGANGAN REPUBLIK INDONESIA NOMOR 20/M- DAG/PER/4/2014 TENTANG PENGENDALIAN DAN PENGAWASAN TERHADAP PENGADAAN,PEREDARAN DAN PENJUALAN MINUMAN BERALKOHOL Siti Hartinah; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Supervision of the distribution and sale of alcoholic beverages in PekanbaruCity really needs to be carried out in an orderly manner with the aim ofprotecting the public from drinking drinks that are intoxicating and are not verygood for human consumption. Alcoholic drinks may be traded in accordance withthe provisions set by the government as stated in the Regulation of the Minister ofTrade of the Republic of Indonesia Number 20/M-Dag/Per/4/2014 concerningControl and Supervision of the Procurement, Distribution and Sales of AlcoholicBeverages.This type of research is sociological legal research, which is research thatwants to see the correlation between law and society, so as to be able to revealthe effectiveness of the enactment of law in society and identify unwritten lawsthat apply to people in the field or to society. The data sources used are primarydata and secondary data which consist of primary legal materials, secondarylegal materials, and tertiary legal materials. The data collection technique in thisstudy is by observation, interview, literature review. After the data is collected, itis then analyzed to draw conclusions.From the results of the study it was concluded that, First, Supervision of thePekanbaru City Industry and Trade Service in the Circulation and Sales ofAlcoholic Beverages has not been carried out properly. Second, the inhibitingfactors in carrying out Supervision of the Distribution and Sales of AlcoholicBeverages are due to the lack of raids, the lack of community participation, lawenforcement factors and the absence of regional regulations on liquor inPekanbaru City, This is due to the lack of public awareness regarding thenegative impacts of liquor and the lack of strict regulations regarding liquor inPekanbaru City.Keywords: Inhibiting Factors - Alcoholic Beverages - Monitoring
IMPLEMENTASI SURAT PEMBERITAHUAN PERKEMBANGAN HASIL PENYIDIKAN TERKAIT MEKANISME PENYIDIKAN TINDAK PIDANA DI INDONESIA (STUDI KASUS DI KEPOLISIAN RESOR KOTA PEKANBARU) Andreas Leonardo; Erdiansyah Erdiansyah; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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A Notification In ensuring accountability and transparency of investigations orinvestigations, investigators are required to provide SP2HP to the reporting party whetherrequested or not periodically at least once a month. Today there are often cases that SP2HP,which is an obligation of investigators, is not realized or not implemented properly inaccordance with the provisions stipulated in the Police Regulation of the Republic ofIndonesia Number 16 of 2010 which states that SP2HP is public information and is a right forthe reporter. The purpose of the research is to find out the implementation of the InvestigationResult Progress Notification Letter related to the criminal investigation mechanism inIndonesia, as well as to find out the obstacles faced by the police in implementing theInvestigation Result Progress Notification Letter related to the investigation mechanism incriminal acts at the Pekanbaru City Resort Police (Polresta).This type of research is sociological legal research. This research is located at thePekanbaru City Resort Police (Polresta). The data sources used are primary data andsecondary data, data collection techniques in this study are observation, questionnaires,interviews, and literature review, and can be concluded with deductive thinking methods.From the results of the study, it can be concluded that, First, the regulation of thesubmission of SP2HP to the reporter is regulated in the Regulation of the Chief of Police ofthe Republic of Indonesia (Perkap) Number 14 of 2012 concerning Investigation Managementfor the submission of SP2HP, the submission of SP2HP to the reporter at the Pekanbaru CityPolice has not run optimally because there are several obstacles. Second, the reporter doesnot provide a clear address to the investigator of the Criminal Investigation Unit of thePekanbaru City Police, the reporter is not in his place of existence, there are reporters whoonly make reports but have no concern for the continuation of the case, the mobile phonenumber or telephone provided by the reporter is not active or even does not have acommunication device, the public is less aware
EKSISTENSI PIDANA MINIMUM KHUSUS DALAM MENCEGAH DAN MEMBERANTAS TINDAK PIDANA KORUPSI DI INDONESIA Abdul Bagas; Davit Rahmadan; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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One of the most dangerous crimes in Indonesia is corruption, corruption isa white-collar crime and an extraordinary crime. The legal umbrella in dealingwith criminal acts of corruption in Indonesia to date is Law Number 20 of 2001concerning Amendments to Law Number 31 of 1999 concerning the Eradicationof Corruption Crimes, where the Law contains a special minimum sentence as areflection of the principle of legality, which contains elements of legalcertaintyand also as an effory to achieve more effective goals to prevent anderadicate corruption in Indonesia. However, when viewed from the number ofdecisions, this proves that the specific minimum sentence contained in the law hasnot been able to achieve its objective.This research is a normative research with a statute approach to determinelegal principles and norms which are criminal law policies in formulating specificminimum criminal concepts that are appropriate in preventing and eradicatingcriminal acts of corruption, using secondary data as data sources. Methods ofdata collection with a normative juridical approach in this study using libraryresearch techniques. The purpose of this study is to determine the existence of aspecial minimum sentence in preventing and eradicating corruption in Indonesiaand to find out the appropriate concept of a special minimum sentence inpreventing and eradicating corruption in Indonesia from a criminal perspective.From this research it can be concluded that the special minimum sentencecontained in the Law on the Eradication of Corruption Crimes in terms of itsimplementation is in accordance with laws and regulations, but in terms of theeffectiveness of the special minimum sentence it has not been implemented. able toreach his goal. namely the prevention and eradication of corruption. corruptionin Indonesia. Therefore, it is necessary to update the specific minimum crimescontained in the anti-corruption law, which are exacerbated by taking intoaccount the past or the crime itself and also paying attention to its future or goals.criminal punishment. Thus the special minimum sentence can reflect howdangerous the consequences or impacts of corruption are both for the state andfor all Indonesian people, and this can result in general prevention and specialprevention so that the special minimum punishment can achieve its own goals,namely preventing and eradicating corruption in Indonesia.Keywords : existence – Specific Minimum Punishment – Corruption

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